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2017 Human Rights Report RWANDA 2017 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Rwanda is a constitutional republic dominated by a strong presidency. The ruling Rwandan Patriotic Front (RPF) led a governing coalition that included four smaller parties. In August voters elected President Paul Kagame to a third seven-year term with a reported 99 percent of the vote and a reported 98 percent turnout. One independent candidate and one candidate from an opposition political party participated in the presidential election, but authorities disqualified three other candidates. International election monitors reported numerous flaws, including irregularities in the vote tabulation process. In 2013 elections for parliament’s lower house, the Chamber of Deputies, candidates from the RPF coalition and two other parties that supported RPF policies won all of the open seats. In 2015 the country held a constitutional referendum; the National Electoral Commission reported 98 percent of registered voters participated of which 98 percent endorsed a set of amendments that included provisions that would allow the president to run for up to three additional terms in office. Civilian authorities maintained effective control over state security forces (SSF). The most significant human rights issues included: arbitrary killings and politically motivated disappearances by security forces; torture and other cruel, inhuman, or degrading treatment or punishment by security forces; harsh and life- threatening prison and detention center conditions; arbitrary arrest; security forces’ disregard for the rule of law; prolonged pretrial detention; infringement on citizens’ privacy rights and on freedoms of speech, assembly, and association; restrictions on and harassment of media and some local and international nongovernmental organizations (NGOs); restrictions on freedom to participate in the political process and the ability to change government through free and fair elections; harassment, arrest, and abuse of political opponents, human rights advocates, and individuals perceived to pose a threat to government control of social order; trafficking in persons; and restrictions on labor rights. The government occasionally took steps to prosecute or punish officials who committed abuses, including within the security services, but impunity involving some civilian officials and some members of the SSF was a problem. Section 1. Respect for the Integrity of the Person, Including Freedom from: RWANDA 2 a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings There were numerous reports the government committed arbitrary or unlawful killings. On July 13, Human Rights Watch (HRW) published a report documenting the cases of 37 individuals killed by police or other security forces in western areas between 2016 and 2017 for a variety of petty crimes, including theft of bananas, fishing with illegal nets, and unlawful border crossings. HRW reported, “The killings and enforced disappearances appear to have been part of a broader strategy to spread fear, enforce order, and deter any resistance to government orders or policies.” It was unclear, however, whether the national government ordered or approved this strategy. According to the report, local authorities, including law enforcement officers, threatened family members who reported the deaths. In January and February, members of unregistered opposition groups and local human rights activists issued similar reports that included some of the same cases covered by HRW as well as others. Minister of Justice Johnston Busingye publicly called the HRW report “fake news.” On October 13, the National Commission for Human Rights (NCHR), which is nominally independent but funded by the government, held a press conference to discredit HRW’s findings. The NCHR claimed that seven of the individuals cited in the report were alive and presented one individual with the same name at the press conference. The NCHR stated most of the others cited in the HRW report either had died of natural causes or were unknown to local authorities and residents. The NCHR reported that 10 of the individuals named in the HRW report were shot and killed by border patrols while using an illegal border crossing with the Democratic Republic of the Congo (DRC). The NCHR stated that residents had been warned not to cross the border at night, and the government did not investigate the cases further. The NCHR also reported that in two cases documented by HRW, authorities had arrested, prosecuted, convicted, and jailed the security official responsible for the reported killings, a Rwanda Defense Forces (RDF) soldier, who was sentenced to 10 years’ imprisonment. On November 1, HRW issued a press release that called the NCHR findings “largely fabricated” and noted discrepancies in the ages, next of kin, and residences among three of the individuals whose deaths HRW had documented and the persons presented by the NCHR. HRW also claimed that government officials “threatened and coerced victims’ family members to present false information” and Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor RWANDA 3 detained those who refused to contradict their initial testimonies to HRW. The government launched an investigation into HRW’s allegations but did not complete it by year’s end. b. Disappearance There were several reports of disappearances by or on behalf of government authorities. On February 14, Violette Uwamahoro, a dual British-Rwandan national whose husband was a member of a diaspora opposition movement, the Rwanda National Congress, disappeared after attending a family member’s funeral. The government refused to acknowledge her detention for three weeks. On March 23, the government announced that Uwamahoro had been charged with treason. On March 28, she was conditionally released pursuant to a judge’s order and allowed to return to the United Kingdom in mid-April. On March 6, journalist John Ndabarasa, missing since August 2016, reappeared in Kigali. Ndabarasa told media that he had fled the country but decided to come back voluntarily because he no longer feared for his safety. HRW declared that Ndabarasa’s statement to media “raised a lot of suspicion” in light of the numerous cases documented by HRW “where former detainees were forced to make false claims following months of illegal, secret detention and torture.” According to local human rights organizations, authorities confiscated Ndabarasa’s identity documents and restricted his movements following his return. On September 6, the Rwanda National Police (RNP) detained the Kigali representative of the United Democratic Forces (FDU) Inkingi, an unregistered opposition party, Theophile Ntirutwa, and at least nine other members of his party and its leadership. Whereas the other detainees were granted immediate access to FDU’s lawyer and charged in a timely manner, Ntirutwa was assumed missing for 18 days until the RNP confirmed his detention on September 24. According to HRW, in September 2016 the RNP had detained and tortured Ntirutwa for three days. Domestic organizations critical of the SSF reported government interference in their operations and cited a lack of capacity and independence to investigate security-sector abuses, including reported enforced disappearances. Country Reports on Human Rights Practices for 2017 United States Department of State • Bureau of Democracy, Human Rights and Labor RWANDA 4 c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The constitution and law prohibit such practices, but there were numerous reports of abuse of detainees and prisoners by police, military, and National Intelligence and Security Services (NISS) officials. In 2012 the government signed into law a penal code that upgrades torture from an aggravating circumstance to a crime in itself. The law mandates the maximum penalty, defined by the extent of injury, for SSF and other government perpetrators. In 2015 the government ratified and indigenized the Optional Protocol to the Convention Against Torture (OPCAT). However, the Constitution takes precedence over international treaties. In December the Committee Against Torture reported there were no cases in which the Convention was applied or invoked before domestic courts. On October 10, HRW published a report documenting 104 cases of individuals who were illegally detained, and in many cases tortured, in military detention centers between 2010 and 2016. According to the report, military intelligence personnel and army soldiers employed torture and other cruel, inhuman, or degrading treatment or punishment to obtain confessions before transferring the individuals to formal detention facilities. Detainees described asphyxiation, electric shocks, mock executions, severe beatings, and other mistreatment. HRW observed the trials of multiple individuals who alleged being tortured at unofficial military detention centers, including Kami and Mukamira military camps, a military base known as the “Gendarmerie” in Rubavu, and detention centers in Bigogwe, Mudende, and Tumba. According to the HRW report, many of the individuals told judges they had been illegally detained and tortured, but “HRW is not aware of any judges ordering an investigation into such allegations or dismissing evidence obtained under torture.” There were no reported prosecutions of SSF personnel for torture. There were numerous reports police at times beat newly arrested suspects to obtain confessions
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